MEDICAL  EXAMINATION 

NORTH  CAROLINA 
18  8  4 


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One  Aspect  of  the  Subject 


MEDICAL  EXAMINATION 


AS  SET  FORTH  IN  THE  WORK  OF  THE 


North  Carolina  Board  of  Medical  Examiners. 


x  ■ 


•  *  i*'v  ° 


nr  t.  a 


REPORT  OF  THE  SECRETARY 


OF  THE 

North  Carolina  Board  of  Health, 

ON  ONE  ASPECT  OF  THE 

SUBJECT  OF  MEDICAL  EDUCATION,  AS  SET  FORTH  IN  THE 
WORK  OF  THE  MEDICAL  EXAMINING  BOARD. 


M.  Whitehead,  M.  D., 

President  of  the  North  Carolina  Beard  of  Health : 

Dear  Sir: — At,  the  last  meeting  of  the  State  Medical 
Society,  in  Raleigh,  on  the  20th — 23d  May,  the  work  of  the 
Board  of  Examiners  came  prominently  forward,  it  being 
the  outgoing  of  the  fourth  and  incoming  of  the  fifth  Board 
The  retiring  Board,  through  its  Secretary,  read  an  account 
of  the  work  done  for  six  years,  and  reviewed  the  entire 
work  of  all  the  Boards  since  their  inauguration  in  1859. 
This  report  was  thoughtfully  received,  as  you  will  observe 
by  examining  the  transactions  of  the  State  Medical  Society 
for  1884,  and  it  was  earnestly  desired  that  the  outcome  of 
the  endeavors  of  the  profession,  as  partially  represented  in 
such  a  practical  and  concrete  form,  should  be  fairly  set 
before  the  people  of  North  Carolina.  It  was  justly  con¬ 
ceived  that  if  the  people  were  fully  apprised  of  the  fidelity 
with  which  the  Slate  Society  and  Board  of  Examiners  had 
used  its  trust,  many  times  doubling  the  talents  entrusted  to 
them,  that  they  the  people  would  in  due  time  instruct  their 
representatives  to  accord  due  credit  for  such  wor^and  de¬ 
mand  that  thepowe'rs  of  the  Board  of  Examiners  should  be 
increased.  It  seemed  to  be  the  unanimous  feeling  of  the 


ii  Report  of  the  Secretary  of  the 

Society  that  there  was  not  a  wide-spread  information  among 
the  people  of  the  State  as  to  our  aims  and  objects,  and  that 
only  a  small  number  had  ever  conceived  the  truth  of  the  sit¬ 
uation,  which  is  this :  that  the  medical  profession  of  the  State 
had  voluntarily  taken  upon  themselves  the  task  of  working 
out  the  problem  of  providing  the  people  with  better  doctors, 
and  so  in  a  great  measure  adding  to  the  comfort  and  hap¬ 
piness  of  the  people,  and  prolonging  life;  furthermore,  that 
they  had  undertaken  the  work  at  their  own  expense,  with 
no  expectation  of  present  or  future  pecuniary  reward. 

The  Board  of  Health,  willing  to  do  its  share  in  the  work 
of  informing  the  people  as  above  recited,  agreed  to  take  up 
the  subject,  and  add  such  matter  as  would  give  a  proper 
conception  of  what  was  being  done  by  neighboring  States 
in  the  same  direction,  and  so  rest  our  cause  upon  the  actual 
facts.  Respectfully  yours, 

THOMAS  F.  WOOD,  M.  D., 

Secretary. 


Wilmington,  N.  C.,  Sept.  4th,  1884. 


North  Carolina  Board  of  Health.  iii 


THE  WORK  OF  MEDICAL  PROGRESS  IN  NORTH 

CAROLINA. 


WHAT  OTHER  STATES  ARE  DOING. 

Half  of  the  indifference  of  a  people  to  their  own  institu¬ 
tions  lies  in  alack  of  information  of  their  working,  of  their 
aims,  of  their  possibilities.  Animosity  frequently  has  its 
origin  just  here,  because  not  being  informed  and  not  know¬ 
ing  where  to  go  to  seek  for  information,  they  take  scraps  of 
knowledge  at  second-hand  and  upon  this  found  their  dis¬ 
likes.  The  Medical  Profession  does  not  propose  now  to 
come  before  the  people  of  the  State  to  set  forth  complaints, 
for  the  object  of  this  report  is  to  greet  the  thinking  citizen 
with  a  cheering  account  of  stewardship  in  one  field  of  its 
labors.  It  comes  as  a  profession  whose  interests  are  insep¬ 
arably  connected  with  the  every  day  affairs  of  the  men, 
women  and  children  of  this  land,  to  show  what  a  satisfac¬ 
tory  result  has  been  wrought  out  from  small  beginnings, 
and  to  enlist  them  in  their  own  cause — for  it  is  only  in  part 
the  cause  of  the  doctors — and  to  say  that  encouraged  by 
the  past,  rich  in  experience  gained  by  twenty-five  years  of 
conscientious  endeavor,  they  are  still  willing  to  take  the 
lead. 

When  the  Legislature  of  1859  passed  the  law  incorporating 
the  Medical  Society  of  North  Carolina,  and  the  Board  of 
Medical  Examiners,  the  importance  of  the  act  was  not  in 
the  smallest  degree  realized  by  any  but  the  authors  of  it. 
The  opposition  directed  against  it  was  of  vital  force,  al¬ 
though  it  perhaps  was  the  fear  on  the  part  of  the  law¬ 
makers  that  th^y  might  go  too  far,  in  an  untried  field, 
rather  than  any  intention  of  doing  harm.  At  any  rate,  ail 
motives  aside,  the  law  as  it  was  first  recorded  was  emascu¬ 
late  and  hardly  worthy  of  acceptance  on  the  <part  of  the 
memorialists.  The  amended  form  of  the  law,  as  it  now 
stands  is  as  follows  : 


IV 


Report  of  the  Secretary  of  the 


MEDICAL  SOCIETY. 

Sec.  3121.  The  association  of  regularly  graduated  physicians,  call¬ 
ing  themselves  “  The  State  Medical  Society,”  is  hereby  declared  to 
be  a  body  politic  and  corporate,  to  be  known  and  distinguished  by 
the  name  of  “The  Medical  Society  of  the  State  of  North  Carolina.” 

Sec.  3122.  No  person  who  shall  practice  medicine  or  surgery,  nor 
any  cf  the  branches  thereof,  nor  in  any  case  prescribe  for  the  cure 
of  diseases  for  fee  or  reward,  unless  he  shall  have  been  first  licensed 
to  do  so  in  the  manner  hereinafter  provided :  Provided ,  no  person 
who  shall  practice  in  violation  of  this  chapter  shall  be  guilty  of  a 
misdemeanor. 

Sec.  3123.  In  order  to  the  proper  regulation  of  the  practice  of 
medicine  and  surgery,  there  shall  be  established  a  board  of  regu¬ 
larly  graduated  physicians,  to  be  known  by  the  title  of  “The Board 
of  Medical  Examiners  of  the  State  of  North  Carolina,”  which  shall 
consist  of  seven  regularly  graduated  physicians. 

Sec.  3124.  It  shall  be  the  duty  of  the  said  Board  to  examine  all 
applicants  for  license  to  practice  medicine  or  surgery,  or  any  of  the 
branches  thereof,  on  the  following  branches  of  medical  science  : 
anatomy,  physiology,  surgery,  pathology,  medical  hygiene,  chemis¬ 
try,  pharmacy,  materia  medica,  therapeutics,  obstetrics  and  practice 
of  medicine,  and  if  on  such  examination  they  be  found  competent, 
to  grant  to  each  applicant  a  license  or  diploma,  authorizing  him  to 
practice  medicine  and  surgery,  or  any  of  the  branches  thereof:  Pro¬ 
vided ,  five  members  of  the  Board  shall  constitute  a  quorum  and 
four  of  those  present  shall  be  agreed  as  to  the  qualification  of  the 
applicant.  <. 

Sec.  3125.  To  prevent  delay  and  inconvenience,  two  members  of 
the  Board  of  Medical  Examiners  may  grant  a  temporary  license  to 
any  applicant  and  make  report  thereof  to  the  next  regular  meet¬ 
ing  of  the  Board  for  confirmation :  Provided,  such  temporary  li¬ 
cense  shall  not  continue  in  force  longer  than  the  next  regular  meet¬ 
ing  of  the  Board,  and  such  temporary  license  shall  in  no  case  be 
granted  after  the  applicant  has  been  refused  a  license  by  the  Board 
of  Medical  Examiners. 

Sec.  3126.  The  Medical  Society  shall  have  power  to  appoint  the 
Board  of  Medical  Examiners. 

Sec.  3127.  The  Board  of  Medical  Examiners  shall  assemble  at  the 
same  time  and  places,  when  and  where  the  Medical  Society  assem¬ 
bles,  which  Society  shall  assemble  at  least  once  in  every  year  at  such 
time  and  place  as  the  said  Society,  at  its  next  preceding  meeting, 


North  Carolina  Board  of  Health. 


v 


shall  have  fixed;  and  the  said  Board  shall  remain  in  session  from 
day  to  day,  until  all  applicants  who  may  present  themselves  for  ex¬ 
amination  within  the  first  five  days  after  its  meetingsliall  have  been 
examined  and  disposed  of. 

Sec.  3128.  The  Board  of  Medical  Examiners  are  authorized  to 
elect  all  such  officers,  and  to  frame  all  such  by-laws  as  may  be  neces¬ 
sary,  and  in  the  event  of  any  vacancy  by  death,  resignation  or  other¬ 
wise,  of  any  member  of  said  Board,  the  Board,  or  a  quorum  thereof, 
is  empowered  to  fill  such  vacancy. 

Sec.  3129.  The  Board  of  Examiners  shall  keep  a  regular  record  of 
its  proceedings  in  a  book  kept  for  that  purpose,  which  shall  always 
be  open  for  inspection,  and  shall  cause  to  be  entered  on  a  book  kept 
for  the  purpose  the  name  of  each  applicant  for  license,  and  the  name 
of  each  applicant  licensed  to  practice  medicine  and  surgery,  and  the 
time  of  granting  the  same,  together  with  the  names  of  the  members 
of  the  Board  present,  and  shall  publish  the  names  of  those  licensed 
in  two  of  the  newspapers  published  in  the  city  of  Raleigh,  within 
thirty  days  after  the  granting  of  the  same. 

Sec.  3130.  The  Board  shall  have  power  to  demand  of  every  ap¬ 
plicant  thus  licensed  the  sum  of  ten  dollars  before  issuing  a  license 
or  diploma,  and  the  sum  of  five  dollars  for  each  temporary  license, 
to  be  paid  to  the  Secretary  of  the  Board. 

Sec.  3131.  The  members  of  the  said  Board  shall  receive  as  a  com¬ 
pensation  for  their  services  four  dollars  per  day  during  the  time  of 
their  session  and  in  addition  thereto  their  traveling  expenses  to  and 
from  their  places  of  meeting  by  the  most  direct  route  from  their  re¬ 
spective  places  of  residence,  to  be  paid  by  the  Secretary  of  the 
Board  out  any  moneys  in  his  hands,  upon  the  certificate  of  the  Pres¬ 
ident  of  the  Board  of  Medical  Examiners. 

Sec.  3132.  Any  person  who  shall  practice  medicine  or  surgery 
without  having  first  applied  lor  and  obtained  license  from  the  said 
Board  of  Medical  Examiners,  shall  not  be  entitled  to  sue  for  or  re¬ 
cover  before  any  court  any  medical  bill  for  services  rendered  in  the 
practice  of  medicine  or  surgery  or  any  of  the  branches  thereof. 

Sec.  3133.  The  said  Board  shall  have  power  to  rescind  any  license 
granted  by  them  when  upon  satisfactory  proof  it  shall  appear  that 
any  physician  thus  licensed  has  been  guilty  of  grossly  immoral  con¬ 
duct. 

Sec.  3134.  The  Secretary  of  the  Board  of  Medical  Examiners 
shall  give  bond  with  good  surety,  to  the  President  of  the  Board,  for 
the  safe-keeping  and  proper  payment  of  all  moneys  that  may  come 
into  his  hands. — Chap.  34,  new  Code  of  N.  C. 


VI 


Report  or  the  Secretary  of  the 


A  careful  perusal  of  the  above  law,  in  the  light  which 
we  are  enabled  to  throw  upon  it,  will  convince  any  one  of 
its  inadequacy.  That  it  has  worked  well,  and  that  it  has 
materially  accomplished  the  intentions  of  the  framers  of 
it,  is  due  to  the  moral  influence  which  the  profession  has 
been  able  to  throw  around  it,  and  as  a  consequence,  to  the 
support  which  the  public — at  least  that  portion  of  it  in¬ 
formed  of  its  objects — gave  to  its  maintenance. 

Now  having  presented  the  law,  almost  sterile  in  its  re¬ 
quirements,  it  gives  ns  pleasure  to  lay  before  the  citizens  of 
North  Carolina  the  fruits  which  the  law  has  produced  : 


REPORT  OF  THE  FOURTH  BOARD  OF  MEDICAL  EXAM¬ 
INERS  OF  THE  STATE  OF  NORTH  CAROLINA, 

AT  THE  CONCLUSION  OF  THEIR 
TERM  OF  OFFICE — (1879-84)  — 

MAY  25th,  1884. 

t  .  ■ 

The  Legislature  of  North  Carolina,  on  the  17th  of  February,  1859, 
passed  “An  act  to  incorporate  the  Medical  Society  of  the  State  of 
North  Carolina,  and  for  the  establishment  of  a  Medical  Board  of 
Examiners.”  In  this  paper  a  brief  history  is  given  of  the  work  ac¬ 
complished  by  the  Board  of  Medical  Examiners  during  the  twenty- 
five  years  of  its  existence. 

The  law  as  originally  passed  required  the  Medical  Examiners  to 
meet  alternately  in  Raleigh  and  Morganton,  on  the  first  Monday  in 
May  of  every  year.  Only  in  1881  was  the  law  so  amended  that 
they  were  allowed  to  meet  at  the  same  times  and  places  as  the  Med¬ 
ical  Society  assembled,  and  traveling  expenses  and  a  small  per  diem 
were  to  be  paid  out  of  such  money  as  they  might  receive  from  the 
granting  of  licenses.  That  under  such  difficulties  and  hardships  the 
Board  maintained  its  existence,  is  certainly  creditable  to  the  medical 
profession  in  North  Carolina. 

The  first  Board,  elected  in  1859,  Avas  composed  of  the  following 
gentlemen: 

■  .  t  ‘  ;  '  *  *’ v!  '  ,  ' 

Dr.  Jas.  H.  Dickson,  of  Wilmington,  President. 

“  Chas.  E.  Johnson,  of  Raleigh. 

“  Caleb  Winslow,  of  Hertford. 

“  Otis  F.  Manson,  of  Townsville,  now  of  Richmond,  Va. 


North  Carolina  Board  op  Health. 


yii 


Dr.  Wm.  H.  McKee,  of  Raleigh. 

“  Christopher  Happoldt,  of  Morganton. 

“  J.  Graham  Tull,  of  Newbern. 

Samuel  T.  Iredell,  Secretary  and  Treasurer. 

At  their  first  meeting,  in  1859,  one  applicant  was  examined  and 
granted  license,  viz  : 

Lucius  C.  Coke,  M.  1).,  Palmyra,  Halifax  county. 

In  1860,  seventeen  licenses  were  granted  and  one  refused. 

In  1861,  twelve  licenses  were  granted. 

In  1862,  one  license  was  granted  and  two  refused. 

There  is  no  record  of  any  meeting  of  the  Hoard  during  the  three 
following  years. 

In  1866,  the  second  Board  was  elected  : 

Dr.  N.  J.  Pittman,  Tarboro,  President. 

“  E.  Burke  Haywood,  Raleigh. 

“  R.  H.  Winborne,  Edenton. 

“  S.  S.  Satchwell,  Rocky  Point. 

“  J.  J.  Summerell,  Salisbury. 

“  R.  B.  Haywood,  Raleigh. 

“  M.  AVhitehead,  Salisbury. 

“  Wm.  Little  was  chosen  Secretary  and  Treasurer. 

Dr.  Whitehead  resigned  in  1868,  and  Dr.  J.  F.  Siiaffner,  of 
Salem,  was  elected  to  fill  the  unexpired  term. 

In  1867,  five  licenses  were  granted. 

In  1868,  there  is  no  record  of  any  meeting.  (*Seven  licenses  were 
granted.) 

In  1869,  eight  licenses  were  granted. 

In  1870,  five  licenses  were  granted. 

In  1871,  one  license  was  granted. 

In  1872,  two  licenses  were  granted. 

The  third  Board  was  elected  in  1872  : 

Dr.  Charles  J.  O’ Hagan,  Greenville,  President. 

“  W.  A.  B.  Norcom,  Edenton. 

“  C.  Tate  Murphy,  Clinton. 

“  George  A.  Foote,  Warrenton. 

“  J.  W.  Jones,  Tarboro. 

“  R.  L.  Payne,  Lexington. 

“  Charles  Duffy,  Jr.,  Newbern,  Secretary  and  Treasurer. 


*  According  to  the  official  report  of  the  Medical  Society  of  N.  C.,  the  Board 
of  Examiners  at  the  meeting  in  Warrenton,  in  1868,  licensed  the  following  gen¬ 
tlemen:  Drs.  F.  J.  Haywood,  Jr.,  Raleigh;  Samuel  Brietz,  Salem;  Chas.  H. 
Barron,  Edgecombe  county;  J.  B.  Williams,  Warren  county;  Walter  Debnam, 
Wake  county;  E.  Porter,  Onslow  county;  B.  P.  Alston,  Warren  county. 


VIII 


Report  of  the  Secretary  of  the 


In  1873,  nine  licenses  were  granted  and  one  refused. 

In  1874,  seven  licenses  were  granted. 

In  1875,  thirteen  licenses  were  granted. 

In  1876,  seven  licenses  were  granted. 

In  1877,  fifteen  licenses  were  granted. 

In  1878,  fifteen  licenses  were  granted. 

In  1878  the  fourth  Board  was  elected  : 

Dr.  P.  E.  Hines,  Raleigh,  President. 

“  T.  D.  Haigti,  Fayetteville. 

“  R.  I.  Hicks,  Williamsboro. 

“  Georoe  L.  Kirby,  Goldsboro. 

“  Thomas  F.  Wood,  Wilmington. 

“  Jos.  Graham,  Charlotte. 

“  H.  T.  Bahnson,  Secretary  and  Treasurer. 

In  1880  Dr.  R.  I.  Hicks  resigned  his  position,  and  Dr.  Richard 
H.  Lewis,  of  Raleigh,  elected  to  fill  the  vacancy. 

In  1879,  thirty-four  licenses  were  granted — five  refused. 

In  1880,  twenty-six  licenses  were  granted — seven  refused. 

In  1881,  thirty-eight  licenses  were  granted — five  refused. 

In  1882,  twenty  licenses  were  granted — five  refused. 

In  1883,  thirty-one  licenses  were  granted — one  refused. 

In  1884,  thirty-four  licenses  were  granted — two  refused. 

One  license  was  rescinded  on  account  of  grossly  immoral  conduct 
of  the  recipient. 

Previous  to  the  organization  of  the  present  Board  a  branch  of 
medicine  was  assigned  to  each  Examiner,  who  for  the  six  years  of 
his  term  conducted  examinations  on  that  branch  alone.  The  pres¬ 
ent  Board,  at  its  first  meeting,  instituted  a  system  of  rotation,  so 
that  each  member  would  examine  on  a  different  branch  each  year. 
The  first  examination  of  the  applicant  for  license  was  conducted 
privately  by  each  Examiner.  The  notes  of  these  examinations  were 
afterwards  compared  at  a  meeting  of  the  whole  Board,  and  the 
result  determined  by  vote.  In  cases  where  a  re-examination  was 
required,  this  was  conducted  before  the  whole  Board,  and  a  member 
of  the  Board  was  selected  by  the  President  to  examine  on  such 
branches  as  had  at  the  first  examination  been  assigned  to  other 
members  of  the  Board.  The  fairness  of  this  method  cannot  be 
questioned,  and  the  unanimity  of  opinion  thus  acquired  by  the 
whole  Board,  in  the  case  of  each  applicant  examined,  was  most 
remarkable.  In  the  light  of  these  explanations  the  following  tabu¬ 
lated  statement  is  interesting  : 


North  Carolina  Board  of  Health. 


ix 


From  University  of  New  York - 21  graduates  licensed,  none  refused. 

Bellevue  Hospital  Medical  College,. 21 

Jefferson  Medical  College . . 21 

“  University  of  Virginia . 5 

Medical  College  of  South  Carolina, _  6 

“  University  of  Maryland... . --29 

University  of  Pennsylvania _  5 

Long  Island  College  Hospital _ 2 

“  Philadelphia  University . . 

University  of  Edinburg,  Scotland.. 

“  Harvard  College . . 

Medical  College  of  Richmond,  Va__ 

“  University  of  Iowa . . . 

“  Coll.  Physicians  and  Surgeons,  N.  Y. 

“  Washington  University,  Baltimore. .15  -  ••  3 

“  Coll.  Physicians  and  Surgeons,  Balt.  .25  “  “  4 

“  Louisville  Medical  College . . 11  “  “  1 

“  Kentucky  School  of  Medicine . 1  “  “  1 

“  Baltimore  Medical  College _  1  “  ‘  •  1 

“  Central  Univ.,  Louisville,  Ky., _  o  “  “  1 

44  Edenboro  College,  N.  C . o  “  “  1 

44  Vanderbilt  University,  Nashville _ 3  “  “  j 

“  University  of  Tenn.,  Nashville _ o  “  “  1 

44  Atlanta  Medical  College  . . 1  “  “  1 

Non-graduates . . g  “  “  g 


1 

1 

I 

1 

1 

2 


Total . 183 


25 — 208. 


RECAPITULATION. 


The  first  Board  of  Medical  Examiners  examined  thirty-four  ap¬ 
plicants,  granted  license  to  thirty-one  and  refused  three. 

The  second  Board  granted  twenty-one  licenses. 

The  third  Board  granted  sixty-six  licenses  and  refused  one. 

Under  these  three  Boards,  therefore,  a  total  of  one  hundred  and 
twenty-two  were  examined,  of  whom  one  hundred  and  eighteen 
received  license. 

[Note' — It  is  probable  that  no  accurate  record  was  kept  of  applicants  who 
were  refused  license.] 

During  the  six  years  of  its  existence  the  fourth  Board  of  Medical 
Examiners  has  examined  two  hundred  and  eight  applicants  for 
license.  To  one  hundred  and  eighty-three  of  these  licenses  were 
granted.  Twenty-five  were  found  unfit  to  receive  license,  and  of 
this  number  sixteen  were  graduates  of  chartered  medical  schools. 

Jn  conclusion,  the  Board  return  their  sincere  thanks  to  the  Medi¬ 
cal  Society,  the  Press  and  the  people  of  the  State  for  their  cordial 
support  and  co-operation.  They  have  endeavored  to  do  their  duty 
without  fear,  favor  or  prejudice,  and  now  resign  their  trust  into  the 
hands  of  those  from  whom,  six  years  ago,  they  received  it.  They 


X 


Report  of  the  Secretary  of  the 


retire  from  their  arduous  and  most  unpleasant  field  of  labor  with 
the  belief  that  their  conscientious  effort  to  maintain  the  standard 
of  medical  education  and  protect  the  people  of  their  State  against 
ignorance  and  incompetency  have  not  been  in  vain. 

Respectfully  submitted, 

P.  E.  HINES,  M.  13.,  President. 

T.  1).  IIAIGH,  M.  13., 

GEO.  L.  KIRBY,  M.  13., 

THOMAS  F.  WOOD,  M.  33., 

JOS.  GRAHAM,  M.  13., 

RICHARD  H.  LEWIS,  M.  D., 

HENRY  T.  BAHNSON,  M.  13.,  Secretary. 

Raleigh,  N.  C.,  May  22,  1884. 

It  inay  not  fully  appear  to  the  non-professional  reader  in 
what  way  this  report  indicates  service  of  value  to  the  people 
of  the  State,  and  some  explanation  will  be  entered  upon. 

Early  in  the  history  of  the  State,  even  at  the  beginning 
of  the  present  century  there  were  few  men  practicing  med¬ 
icine  who  did  so  by  virtue  of  a  diploma  from  a  Medical 
College.  Medical  education  w7as  difficult  to  obtain.  There 
were  no  railroads,  and  it  was  necessary  to  make  a  long 
journey  to  Philadelphia  by  private  conveyance  or  stage,  to 
reach  the  only  Medical  College  in  the  country.  The  peo¬ 
ple  in  their  distress  sought  aid  from  the  more  intelligent  of 
their  neighbors,  who  posssessed  a  meagre  knowledge  of 
medicine  obtained  from  the  very  scarce  works  on  practice 
then  in  circulation.  Some  of  these  became  in  the  end  use¬ 
ful  and  successful  practitioners.  This  was  a  necessity  of 
our  pioneer  communities.  Later,  as  time  passed  by,  and 
medical  colleges  increased,  and  the  demand  for  doctors  in¬ 
creased,  competition  among  some  of  these  colleges  got  to  be 
very  shameful.  The  public  have  had  a  rehearsal  of  the 
culmination  of  this  outrage  in  the  Buchanan  School,  of 
Philadelphia;  but  this  was  not  the  only  example.  None 
knew  better  than  the  physicians  themselves  who  had  at¬ 
tended  these  medical  colleges,  how  imperfect  the  scheme  of 
education  wras,  how  utterly  destitute  the  students  were  of 


North  Carolina  Board  of  Health 


xi 


disciplinary  restraint,  and  bow  rare  a  thing  it  was  for  any 
student  to  come  away  without  a  diploma.  Many  schools 
there  were,  of  course,  which  maintained  discipline,  and  in¬ 
sisted  upon  a  standard  of  acquirements,  but  unfortunately 
for  the  public  there  was  no  test  to  apply  to  anv  given  o-rad- 
uate,  to  determine  the  standing  of  his  college.  Further¬ 
more,  the  large  number  of  persons  practicing  without  a 
diploma  at  a  time  after  a  medical  education  was  easier  to 
get,  included  some  very  shameless  quacks;  but  at  the  same 
time  it  numbered  a  respectable  body  of  highly  experienced 
men,  invaluable  tf)  their  communities.  It  was  with  a  full 
understanding  of  these  points  that  the  friends  of  the  law 
saw  the  injustice  of  demanding  a  retroactive  application, 
had  it  been  constitutional. 

Nothing  shows  more  plainly  that  the  medical  profession 
had  well  considered  its  course,  than  the  result  of  the  exam¬ 
inations  of  the  several  State  Boards.  Had  the  law  been 
more  imperative  in  its  demands,  requiring  that  the  candi¬ 
date  should  receive  the  entire  vote  of  the  Board,  the  list  of 
successful  examinations  would  have  been  much  reduced. 

We  learn  by  this  report  that  the  Board  found  25  doctors 
out  of  a  total  of  183,  examined  in  six  years ,  who  could  not  pass 
a  'practical  examination ,  although  sixteen  of  that  number  held 
diplomas  from  regularly  chartered  medical  colleges.  When  we 
consider  that  there  are  a  great  many  doctors  who  although 
coming  into  practice  since  1859,  have  not  appeared  before 
the  Board,  it  is  reasonable  that  the  number  of  incompetent 
doctors  now  plying  their  avocation  would  swell  the  number 
of  rejections  to  more  than  double.  Who  are  the  sufferers 
by  such  a  state  of  things?  Surely  not  the  regular  physi¬ 
cians  who  have  received  training  and  an  approved  educa¬ 
tion,  but  the  unsuspecting  men,  women  and  children.  Is 
it  not  very  clear  that  the  law  was  a  wise  one,  and  that  it  is, 
even  in  its  imperfect  condition,  a  tower  of  defense  for  the 
helpless  sick  people? 


XII 


Report  of  the  Secretary  of  the 


We  claim  that  the  law  has  accomplished  : 

1.  A  comparative  defense  of  the  people  against  unedu¬ 
cated  doctors. 

2.  That  it  has  stimulated  the  rising  generation  of  stu¬ 
dents  to  a  more  diligent  pursuit  of  their  profession. 

3.  That  it  has  made  some  of  the  medical  colleges  more 
careful  in  their  personal  attention  to  students,  especially  to 
the  students  from  this  State. 

4.  That  it  has  materially  added  to  the  dignity  and  honor 
of  the  medical  profession  in  the  State. 

5.  That  it  has  had  a  salutary  influence  upon  other  States 
in  stimulating  them  to  enact  similar  laws. 

Many  States  in  the  Union  have  followed  our  lead,  some 
of  them  going  far  ahead  of  us  in  the  construction  of  the 
law,  and  some  of  them  falling  below;  but  all  of  them 
striving  with  the  same  intent,  of  improving  the  profes¬ 
sional  qualities  of  physicians. 

This  brings  us  now  to  a  very  important  point  in  the  his¬ 
tory  of  our  law,  and  as  we  will  be  able  to  show,  we  have 
soon  to  act  upon  the  defensive  by  reason  of  the  “  Law  to 
Regulate  the  Practice  of  Medicine  and  Surgery ,”  enacted  by  the 
General  Assembly  of  Virginia  in  1884.  We  give  below  a 
copy  of  this  law  : 

ACT  TO  REGULATE  THE  PRACTICE  OF  MEDICINE 

AND  SURGERY. 

Be  it  enacted  by  the  General  Assembly  of  Virginia: 

1.  There  shall  be  for  this  State  a  Board  of  Medical  Examiners, 
consisting  of  three  members  from  each  Congressional  District  in  the 
State,  and  two  from  the  State  at  large,  whose  terms  of  office  shall 
be  font*  years,  or  until  their  successors  are  appointed  and  qualified. 
The  term  of  office  of  the  Board  first  appointed  shall  commence  on 
the  first  day  of  January,  1885. 

2.  The  said  Board  shall  consist  of  men  learned  in  medicine  and 
surgery,  and  shall  be  appointed  by  the  Governor  on  the  first  day  of 
November,  1884,  and  every  fourth  year  thereafter,  from  a  list  of 
names  to  be  recommended  by  the  Medical  Society  of  Virginia.  Va- 


North  Carolina  Board  of  Health. 


xiii 


cancies  occurring  in  such  Board  for  unexpired  terms  shall  be  filled 
in  the  same  manner.  Such  recommendations  shall  be  by  the  votes 
of  a  majority  present  at  some  meeting  of  said  Society,  and  the  same 
shall  be  certified  to  the  Governor  by  the  President  and  Secretary  of 
such  meeting  :  Provided ,  however ,  that  in  case  such  Society  fail  to 
make  such  recommendations  prior  to  the  time  of  appointment,  or  if 
the  Governor  shall,  in  any  case,  consider  the  person  so  recommended, 
or  any  of  them,  unsuitable,  then  he  shall  appoint  such  Board,  either 
in  whole  or  in  part,  without  regard  to  such  recommendations.*  If 
any  of  said  Examiners  shall  cease  to  reside  in  the  district  for  which 
he  was  appointed,  it  shall  vacate  his  office. 

3.  The  members  of  said  Board  of  Medical  Examiners  shall  qualify 
and  take  usual  oath  of  office  before  the  county  or  corporation  court 
of  the  county  or  corporation  in  which  they  shall  respectively  reside. 
The  officers  of  said  Board  shall  be  a  President,  Vice-President,  and 
Secretary  (who  shall  also  act  as  Treasurer) — such  officers  to  be  mem¬ 
bers  of  and  elected  by  said  Board.  The  first  meeting  of  the  same 
shall  be  at  Richmond,  at  such  time  as  the  Governor  shall  notify  the 
members  by  mail  to  assemble.  Subsequent  regular  meetings  shall 
be  at  such  times  and  places  as  the  Board  may  prescribe,  and  special 
meetings  may  be  had  upon  the  call  of  the  President  and  two  mem¬ 
bers  ;  but  there  shall  not  be  less  than  one  regular  meeting  per  annum. 
Five  members  of  said  Board  shall  be  a  quorum  ;  said  Board  may 
organize  at  its  first  meeting,  and  may,  at  its  first  or  any  subsequent 
meeting,  prescribe  rules,  regulations  and  by-laws  for  its  proceedings 
and  government,  and  for  the  examinations  of  candidates  for  the 
practice  of  medicine  and  surgery  by  its  individual  members. 

4.  It  shall  be  the  duty  of  said  Board,  at  any  of  its  meetings,  and 
of  the  individual  members  of  said  Board,  at  any  time,  to  examine 
all  persons  making  applications  to  them,  who  shall  desire  to  com¬ 
mence  the  practice  of  medicine  or  surgery  in  this  State.  When  the 
examination  is  by  an  individual  member  of  the  Board,  he  shall  re¬ 
port  the  result  of  the  same  to  the  President  thereof;  and  when  an 
applicant  shall  have  passed  an  examination  satisfactory  as  to  pro¬ 
ficiency  before  three  individual  members  of  said  Board,  or  before 
the  Board  in  session,  the  President  thereof  shall  grant  to  such  ap¬ 
plicant  certificate  to  that  effect.  A  fee  to  be  prescribed  by  said 
Board,  but  not  to  exceed  five  dollars,  shall  be  paid  to  said  Board 
(through  such  officers  or  members  as  it  may  designate,)  by  each  ap¬ 
plicant  before  such  examination  is  had.  In  case  any  applicant  shall 

*  Amended  then,  so  as  to  give  the  State  Medical  Society  three  months  in 
which  to  make  new  nominations. 


XT  V 


Report  op  tiie  Secretary  of  the 


fail  to  pass  a  satisfactory  examination  before  the  Board  or  before 
the  three  individual  members  to  whom  he  shall  first  apply,  he  shall 
not  be  permitted  to  stand  any  further  examination  within  the  next 
three  months  thereafter:  Provided,  however ,  no  applicant  shall  be 
rejected  upon  his  examination  on  account  of  his  adherence  to  any 
particular  school  of  medicine  or  system  of  practice,  nor  on  account 
of  his  views  as  to  the  method  of  treatment  and  cure  of  diseases. 

5.  The  fund  realized  from  the  fees  aforesaid  shall  be  applied  by 
the  Board  towards  its  expenses,  including  a  reasonable  compensa¬ 
tion  to  the  President  and  Secretary. 

G.  Any  person  who  shall  obtain  a  certificate  as  aforesaid  from  the 
President  of  said  Board,  shall  cause  his  name  to  be  registered  in  the 
Clerk’s  office  of  the  county  or  corporation  court  for  the  county  or 
corporation  in  which  he  shall  resides,  and  it  shall  be  the  duty  of  said 
Clerk  to  register  the  name  of  every  such  person  presenting  such  cer¬ 
tificate,  together  with  the  date  thereof  and  the  name  of  the  Presi¬ 
dent  of  the  Board  signing  the  same,  in  a  book  kept  for  that  purpose 
as  a  part  of  the  records  of  his  court,  which  shall  also  give  the  date 
of  each  registration,  and  his  fee  for  each  registration  shall  be  one 
dollar,  to  be  paid  by  the  person  whose  name  is  registered. 

7.  No  person  who  shall  commence  the  practice  of  medicine  or 
surgery  after  the  first  day  of  January,  1885,  shall  practice  as  a  phy¬ 
sician  or  surgeon  for  compensation  without  having  first  obtained  a 
certificate  and  caused  his  name  to  be  registered  as  aforesaid.  Any 
person  violating  the  provisions  of  this  section  shall  pay  a  fine  of  not 
less  than  fifty  nor  more  than  five  hundred  dollars  for  each  offence, 
and  shall  be  debarred  from  receiving  any  compensation  for  services 
rendered  as  such  physician  or  surgeon. 

8.  Any  person  who  shall  have  been  assessed  with  a  license  tax  as 
a  physician  or  surgeon  by  any  commissioner  of  the  revenue  in  this 
State  at  any  time  prior  to  the  first  day  of  January,  1885,  shall  be 
taken  as  having  commenced  the  practice  of  medicine  or  surgery 
prior  to  that  date;  but  any  person  who  shall  not  have  been  assessed 
shall  be  taken  as  not  having  commenced  such  practice  prior  to  that 
date. 

9.  Any  physician  or  surgeon  who  shall  commence  to  practice  after 
the  first  day  January,  1885,  and  who  shall  reside  in  an  adjoining 
State  within  ten  miles  of:  the  boundary  lines  of  this  State,  shall  be 
entitled  to  stand  the  examination  and  receive  the  certificate  herein- 
before  jwovided  for,  and  such  certificate  shall  be  registered  as  here¬ 
inbefore  provided — in  that  county  in  this  State  which  is  nearest  his 
place  of  residence;  and  such  certificate  and  registration  shall  make 
it  lawful  for  him  to  practice  medicine  and  surgery. 


North  Carolina  Board  of  Health. 


xv 


10.  Nothing  in  this  act  shall  be  taken  as  including  or  affecting  in 
any  way  the  practice  of  dentistry,  nor  shall  it  include  physicians  or 
surgeons  residing  in  other  States  and  called  in  consultation  in  a  spe¬ 
cial  case  with  a  physician  or  surgeon  residing  in  this  State;  nor  shall 
it  be  construed  as  affecting  or  changing  in  any  way  the  laws  in  ref¬ 
erence  to  the  license  tax  to  be  paid  by  physicians,  surgeons  and 
dentists. 


It  will  be  observed  that  section  7  of  the  above  law  inflicts 
a  penalty  upon  any  person  who  shall  attempt  to  practice  as 
a  physician  or  surgeon  for  compensation  after  the  1st  day 
of  January ,  1885,  without  first  procuring  the  license  of  the 
Virginia  Board. 

Now  let  us  put  equivalent  sections  of  the  North  Carolina 


and  Virginia  law  side  bv  sid 
understood  : 

NORTH  CAROLINA  LAW. 

Sec.  2.  Be  it  further  enacted , 
That  from  and  after  the  15th  day 
of  April,  1859,  no  person  shall 
practice  medicine  or  surgery,  or 
any  of  the  branches  thereof,  or 
in  any  case  prescribe  for  the  cure 
of  diseases  for  fee  or  reward, 
unless  he  or  they  shall  have  been 
first  licensed  to  do  so  in  the  man¬ 
ner  hereinafter  described  :  Pro¬ 
vided \  That  no  person  who  shall 
practice  in  violation  of  this  act 
shall  be  deemed  guilty  of  a  mis¬ 
demeanor. 

Sec.  15.  Be  it  further  enated , 
That  any  person  who  shall  prac¬ 
tice  medicine  or  surgery  in  this 
State  without  having  first  ap¬ 
plied  for  and  obtained  license 
from  said  Board  of  Examiners  as 
provided  for  by  this  act,  shall 
not  be  entitled  to  sue  for  or  re¬ 
cover  before  any  magistrate  or 
court  in  this  State  any  medical 
bill  for  services  rendered  in  the 
practice  of  medicine  or  surgery 
or  any  of  the  branches  thereof. 


,  that  they  may  be  the  better 


VIRGINIA  LAW. 

7.  No  person  who  shall  com¬ 
mence  the  practice  of  medicine 
or  surgery  after  the  first  day  of 
January,  1885,  shall  practice  as 
a  physician  or  surgeon  for  com¬ 
pensation  without  having  first 
obtained  a  certificate  and  caused 
his  name  to  be  registered  as 
aforesaid.  Any  person  violating 
the  provisions  of  this  section 
shall  pay  a  fine  of  not  less  than 
fifty  nor  more  than  five  hundred 
dollars  for  each  offence,  and  shall 
be  debarred  from  receiving  any 
compensation  for  service  ren¬ 
dered  as  such  physician  or  sur¬ 
geon. 


XVI 


Report  of  the  Secretary  of  the 


It  becomes  apparent  that  in  North  Carolina  there  is  no 
penalty  against  this  admitted  violation  of  the  law,  except 
that  the  violator  shall  be  deprived  of  collecting  his  fees, 
and  all  shrewd  people  will  see  that  this  is  a  minor  contin¬ 
gency.  Fortunately,  public  opinion  has  been,  of  late,  hold¬ 
ing  the  lash  over  the  unlicensed  with  some  degree  of  ear¬ 
nestness,  which  will  doubtless  increase  if  the  executors  of 
the  law  as  it  now  is,  pursue  their  duty  with  the  intense 
earnestness  which  they  have  shown  in  the  past. 

The  Virginia  law  punishes  the  violator  with  a  fine,  and 
so  gives  the  sort  of  emphasis  to  its  meaning  which  the  dull¬ 
est  people  can  understand.  But  what  must  be  the  result  of 
Virginia’s  action  as  far  as  this  State  is  concerned?  It  is 
not  difficult  to  make  out.  The  unlicensed  from  that  State 
will  seek  a  field  where  they  can  ply  their  business  with  only 
a  little  more  care  as  to  getting  their  fees,  and  so  avoid  all 
penalties.  As  our  business  and  social  relations  are  more 
intimate  with  that  State  than  any  other,  North  Carolina 
will  become  as  of  old,  the  asylum  for  unsuccessful  or  rebel¬ 
lious  Viiginians,  and  we  will  have  her  half  educated,  un¬ 
educated  and  quackish  doctors  added  to  our  own  dismal 
list,  and  the  sufferers  will  be  the  innocent,  the  ignorant,  the 
unwary  sick  of  all  sexes  and  races. 

It  is  no  imaginary  evil,  therefore,  that  we  are  combatting. 
Our  own  law  must  be  made  stronger.  Our  Legislature 
must  take  out  that  negative  expression  from  the  proviso  of 
the  2d  section  of  our  law,  and  cause  it  to  read  :  “  That  any 
• person  who  shall  practice  in  violation  of  this  act  shall  he  guilty 
of  a  misdemeanor 

Is  that  demand  unreasonable?  Let  us  examine  what 
other  States  besides  Virgina  have  enacted  upon  this  point. 
Here  is  a  part  of  the  Alabama  law  upon  the  subject,  dated 
1S77  : 

Be  it  enacted  by  the  General  Assembly  of  Alabama  : 

Section  1.  That  no  person,  except  those  proposing  to  practice 
some  irregular  system  of  medicine,  shall  be  permitted  to  practice 


North  Carolina  Board  of  Health. 


xvii 


medicine  in  any  of  its  branches  or  departments  as  a  profession  and 
means  of  livelihood  in  this  State,  without  having  obtained  a  certifi¬ 
cate  of^qualification  from  some  authorized  Board  of  Medical  Exam¬ 
iners,  as  hereinafter  provided. 

Sec. ‘2.  That  no  person  shall  be  permitted  to  practice  any  irregu¬ 
lar  system  of  medicine  in  any  of  its  branches  or  departments  as  a 
profession  or  means  of  livelihood,  in  this  State,  without  having  ob¬ 
tained  a  diploma  or  certificate  of  qualification  in  anatomy,  physiol¬ 
ogy,  chemistry  and  the  mechanism  of  labor  from  some  authorized 
Board  of  Medical  Examiners,  as  hereinafter  provided. 

****** 

Sec.  6.  That  any  parson  practicing  medicine  in  this  State  in  violation 
of  any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof  before  any  court  having  competent 
jurisdiction,  shall  be  fined  in  the  sum  of  not  more  than  one  hundred 
dollars  for  every  such  offense;  and  if  the  fine  so  imposed  be  not  im¬ 
mediately  paid,  said  person  shall  be  imprisoned  in  the  county  jail 
for  not  more  than  one  year  for  such  offense. 

Arkansas,  in  1881,  enacted  a  law  to  regulate  the  prac- 
of  medicine,  in  terms  similar  to  Alabama.  Here  is  the 
penalty  clause  of  that  act: 

Sec.  11.  Any  person  who  shall  hereafter  engage  in  the  practice  of 
medicine  and  surgery,  or  either,  in  this  State,  without  being  regis¬ 
tered  under  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction,  in  any  court  having  jurisdiction  of  the  laws  of  this 
State,  shall  be  fined  in  any  sum  not  less  than  ten  nor  more  than  one 
hundred  dollars.  And  each  day  said  physician  shall  practice  medi¬ 
cine,  without  being  registered,  as  hereinbefore  required,  shall  be 
deemed  a  separate  offense. 

California,  in  1876,  enacted  a  law  to  regulate  the  prac¬ 
tice  of  medicine  and  surgery,  from  which  we  quote  the  fol¬ 
lowing  penalty  clauses : 

Any  person  practicing  medicine  or  surgery  in  this  State,  without 
first  having  procured  a  certificate  to  so  practice  from  one  of  the 
Boards  of  Examiners  appointed  by  one  of  the  Sociefies  mentioned 
in  section  two  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor, 


9 


XVJII 


Report  of  the  Secretary  of  the 


and  shall  be  subject  to  the  penalties  provided  in  section  thirteen  of 
the  act  to  which  this  act  is  amendatory  and  supplemental. 

The  penalty  referred  to  is  as  follows: 

Any  person  practicing  medicine  or  surgery  in  this  State,  without 
complying  with  the  provisions  of  this  act,  shall  be  punished  b  v  a  fine 
of  not  less  than  fifty  dollars  ($50),  nor  more  than  five  hundred  dol¬ 
lars  ($500),  or  by  imprisonment  in  the  county  jail  for  a  period  of  not 
less  than  thirty  days  nor  more  than  three  hundred  and  sixty-five 
days,  or  by  both  such  fine  and  imprisonment,  for  each  and  every 
offense;  and  any  person  filing  or  attempting  to  file,  as  his  own,  the 
the  diploma  or  certificate  of  another,  or  a  forged  affidavit  of  identi¬ 
fication,  shall  be  guilty  of  felony,  and,  upon  conviction,  shall  be 
subject  to  such  fine  and  imprisonment  as  are  made  and  provided  by 
the  statutes  of  this  State  for  the  crime  of  forgery. 

To  meet  another  class  of  offenders,  a  class  that  so  often 
traverses  our  State  depleting  the  pockets  of  the  ignorant, 
California  enacted  another  section  in  the  same  law  already 
quoted  from  as  follows  : 

Any  itinerant  vender  who  shall  sell  or  offer  for  sale  any  drug,  nos¬ 
trum,  ointment,  or  appliance  of  any  kind  intended  for  the  treat¬ 
ment  of  disease  or  injury;  or  any  person  who  shall,  by  writing  or 
printing,  or  by  any  other  method,  publicly  profess  to  cure  or  treat 
disease,  injury  or  deformity  by  any  medicine,  drug  or  drugs,  nostrum, 
manipulation,  or  other  expedient,  shall  pay  a  license  of  one  hundred 
dollars  a  month.  Such  license  shall  be  collected  as  other  licenses 
are. 

Georgia,  in  1881,  passed  a  law  known  as  a  “  Registration 
Law,”  and  for  a  violation  of  its  requirements,  enacted  the 
following  penalty  : 

Sec.  5.  *  *  *  That  any  person  who  violates  either  of  the  four 
preceding  sections  of  this  act,  or  who  shall  practice  or  offer  to  prac¬ 
tice  medicine  without  lawful  authority,  or  under  cover  of  a  diploma 
or  license  illegally  obtained,  shall  be  deemed  guilty  of  a  misde¬ 
meanor,  and,  on  conviction,  shall  be  punished  by  a  fine  of  not  less 
than  one  hundred  dollars  nor  more  than  five  hundred  dollars,  or  by 


North  Carolina  Board  of  Health. 


xix 


imprisonment  for  not  less  than  thirty  nor  more  than  ninety  days,  or 
both.  The  line,  when  collected,  shall  be  paid  the  one-half  to  the 
person,  persons  or  corporation  making  the  complaint,  the  other  half 
into  the  county  treasury. 

Illinois  has  a  law  (it  is  a  registration  law)  for  the  Regu¬ 
lation  of  the  Practice  of  Medicine,  which  has  done  a  great 
deal  to  encourage  and  stimulate  all  the  States  in  the  Union 
having  a  similar  population  to  deal  with.  Its  management 
is  a  part  of  the  duty  of  the  State  Board  of  Health.  That 
is  verifying  and  registering  their  diplomas,  or  standing  an 
examination.  The  penalty  clauses  of  this  law  are  as  follows: 


License  to  Itinerant  Venders  : 

Sec.  12.  Any  itinerant  vender  of  any  drug,  nostrum,  ointment  or 
appliance  of  any  kind,  intended  for  the  treatment  of  disease  or  in¬ 
jury,  or  shall,  by  writing  or  printing,  or  any  other  method,  publicly 
profess  to  cure  or  treat  diseases,  injury  or  deformity  by  any  drug, 
nostrum,  manipulation  or  other  expedient,  shall  pay  a  license  of  one 
hundred  dollars  a  month,  to  be  collected  in  the  usual  way. 

Penalties  for  non-compliance  with  this  act: 

Sec.  13.  Any  person  practicing  medicine  or  surgery  in  this  State 
without  complying  with  the  provisions  of  this  act,  shall  be  punished 
by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  for  a  period  of  not 
less  than  thirty  days  nor  more  than  three  hundred  and  sixty-five 
days,  or  both  such  fine  and  imprisonment,  for  each  and  every  offense ; 
and  any  person  filing  or  attempting  to  file,  as  his  own,  the  diploma 
or  certificate  of  another,  or  a  forged  affidavit  of  identification,  shall 
be  guilty  of  a  felony,  and,  upon  conviction,  shall  be  subject  to  such 
line  and  imprisonment  as  are  made  and  provided  by  the  statutes  of 
this  State  for  the  crime  of  forgery,  but  the  penalties  shall  not  be 
enforced  till  on  and  after  the  thirty-first  day  of  December,  eighteen 
hundred  and  seventy-seven :  Provided ,  that  the  provisions  of  this 
act  shall  not  apply  to  those  that  have  been  practicing  medicine  ten 
years  within  this  State. 

Kentucky,  in  1874,  enacted  a  law  Regulating  the  Prac¬ 
tice  of  Medicine  which  requires  the  verification  of  a  medical 


XX 


Report  of  the  Secretary  of  the 


diploma,  and  under  certain  conditions  an  examination  be¬ 
fore  a  Board  of  Medical  Examiners.  The  penalty  clause  in 
this  act  is  as  follows: 

Sec.  8.  Any  person  living  in  this  State,  or  any  person  coining  into 
this  State,  who  shall  practice  medicine  or  attempt  to  practice  medi¬ 
cine,  in  any  of  its  departments,  or  who  shall  perform  or  attempt  to 
perform  any  surgical  operation,  for  or  upon  any  person  within  the 
limits  of  this  State,  for  reward  or  compensation,  in  violation  of  the 
provisions  of  this  act,  shall,  upon  conviction  thereof,  be  fined  fifty 
dollars,  and  upon  each  and  every  subsequent  conviction  be  fined  one 
hundred  dollars  and  imprisoned  thirty  days,  or  either,  or  both,  in 
the  discretion  of  the  jury;  and  in  no  case  where  the  provision  of 
this  act  has  been  violated,  shall  the  person  so  violating  be  entitled 
to  receive  compensation  for  services  rendered. 

Louisiana  has  recently  (1882)  enacted  a  Registration 
Law,  and  any  person  practicing  medicine  or  surgery  in  the 
State  in  violation  of  the  law  comes  under  the  following  pen¬ 
alty  clause : 

Sec.  G.  That  any  practitioner  of  medicine  or  surgery,  failing  to 
comply  with  the  requirements  of  this  act,  shall  not  be  exempt  from 
jury  or  militia  duty,  nor  be  permitted  to  collect  any  fees  or  charges 
for  services  rendered,  nor  be  allowed  to  testify  as  a  medical  or  surgi¬ 
cal  expert  in  legal  or  Stato  medicine  in  any  court  of  this  State,  nor 
to  execute  any  certificate  as  a  surgeon  or  physician,  nor  to  hold  any 
medical  office,  nor  to  be  recognized  by  the  State  or  any  parish  or 
municipal  corporation  as  a  physician  or  surgeon ;  nor  shall  he  be 
entitled  to  enjoy  any  of  the  privileges,  rights  or  exemptions  granted 
to  physicians  or  surgeons  by  the  laws  of  this  State ;  and  moreover, 
he  shall  forfeit  and  be  liable  to  a  penalty  of  one  hundred  dollars  for 
each  and  every  violation  of  this  act,  and  for  each  and  every  time  he 
so  violates  it,  said  sum  or  sums  to  be  recovered  in  a  civil  action  to  be 
brought  before  any  court  of  competent  jurisdiction,  in  the  name 
and  for  the  benefit  of  the  Charity  Hospital  at  New  Orleans;  and  he 
shall,  in  addition  thereto,  be  subject  to  criminal  prosecution  and  be 
punished  in  the  manner  prescribed  by  law  for  violations  of  this  act. 

Mississippi  passed  a  law  Regulating  the  Practice  of  Med¬ 
icine  in  1882,  requiring  every  person  intending  to  pursue 


North  Carolina  Board  of  Health. 


xxi 


medical  practice  in  that  State  to  take  out  a  license.  The 
following  is  the  penalty  clause  of  this  act: 

Sec.  23.  That  every  person  or  persons  offending  against  the  pro¬ 
visions  of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof,  shall,  for  each  offence,  be  fined  in  a  sum  of  not  less 
than  fifty  nor  more  than  five  hundred  dollars,  or  be  imprisoned  in 
the  county  jail  not  less  than  ten  nor  more  than  thirty  days,  or  both 
such  fine  and  imprisonment  at  the  discretion  of  the  court. 

The  State  of  Texas  enacted  the  following  penalty  in 
1879: 

Art.  396.  If  any  person  shall  practice  for  pay,  or  as  a  regular  prac¬ 
titioner  of  medicine  in  this  State,  in  any  of  its  branches  or  depart¬ 
ments,  or  offer  or  attempt  to  practice,  without  first  having  obtained 
a  certificate  of  professional  qualifications  from  some  authorized 
Board  of  Medical  Examiners,  or  without  having  a  diploma  from 
some  accredited  Medical  College,  chartered  by  the  Legislature  of 
the  State  or  its  authority,  in  which  the  same  is  situated,  he  shall  be 
punished  by  fine  of  not  less  than  fifty  nor  more  than  five  hundred 
dollars. 

Art.  398.  If  any  person  shall  hereafter  engage  in  the  practice  of 
medicine  in  any  of  its  branches  or  departments,  for  pay  or  as  a  reg¬ 
ular  practitioner,  without  having  first  filed  for  record  with  the  Clerk 
of  the  District  Court  of  the  county  in  which  such  person  may  reside 
or  sojourn,  a  certificate  from  some  authorized  Board  of  Medical 
Examiners,  or  a  diploma  from  some  accredited  Medical  College,  he 
shall  be  punished  as  prescribed  in  Art.  396. 

West  Virginia  enacted  a  law  in  1882,  making  the  State 
Board  of  Health  the  Board  of  Examiners,  and  the  Regula¬ 
tion  of  the  Practice  of  Medicine,  according  the  law,  is  exe¬ 
cuted  by  the  said  Board.  The  penalty  clause  in  this  act  is 
as  follows  : 

Sec.  15.  If  any  person  shall  practice,  or  attempt  to  practice  med¬ 
icine,  surgery  or  obstetrics  in  this  State  without  having  complied 
with  the  provisions  of  section  nine  (9)  of  this  chapter,  except  as 
therein  provided,  he  shall  be  guilty  of  a  misdemeanor  and  fined  for 


XXII 


Report  of  the  Secretary  of  the 


every  such  offense  not  less  than  fifty  nor  more  than  five  hundred 
dollars,  or  imprisoned  in  the  county  jail  not  less  than  one  month- nor 
more  than  twelve  months,  or  be  punished  by  both  such  fine  and  im¬ 
prisonment,  at  the  discretion  of  the  court.  And  if  any  person  shall 
file  or  attempt  to  file  as  his  own,  the  diploma  or  certificate  of  another, 
or  shall  file  or  attempt  to  file  a  false  or  forged  affidavit  of  his  iden¬ 
tity,  or  shall  wilfully  swear  falsely  to  any  question  which  maybe 
propounded  to  him  on  his  examination,  as  herein  provided  for,  or  to 
any  affidavit  herein  required  to  be  made  or  filed  by  him,  he 
shall,  upon  conviction  thereof,  be  confined  in  the  penitentiary  not 
less  than  one  nor  more  than  three  years,  or  imprisoned  in  the  county 
jail  not  less  than  six  nor  more  than  twelve  months,  and  fined  not 
less  than  one  hundred  nor  more  than  five  hundred  dollars  at  the  dis¬ 
cretion  of  the  court. 

It  will  be  seen  that  North  Carolina  stands  alone  in  hav¬ 
ing  a  law  regulating  the  practice  of  medicine,  devoid  of  an 
important  penalty  clause.  It  will  also  be  seen  that  the  laws 
regulating  the  practice  of  medicine  in  the  different  States, 
with  the  exception  of  this  State,  are  of  recent  date,  indi¬ 
cating  to  all  thinking  people  that  they  were  dictated  by  the 
necessities  of  the  times,  and  indicating,  furthermore,  that 
the  action  of  one  State  necessitated  the  action  of  others  as 
a  matter  of  self-defence,  to  prevent  the  influx  of  rejected 
doctors  from  other  States. 

In  estimating  the  legal  bearing  of  medical  examinations, 
too  little  thought  has  been  given  to  analagous  provisions 
for  the  practice  of  other  professions. 

From  the  earliest  day,  candidates  desirous  of  engaging 
in  the  practice  of  law  were  required  to  come  before  the 
Supreme  Court  and  undergo  an  examination.  During  the 
recent  revolution  succeeding  our  civil  war,  this  provision 
was  annulled,  and  the  only  requirement  of  the  statute  was 
that  the  candidate  should  pay  $20  and  be  endorsed  by 
members  of  the  bar.  Subsequently,  the  original  requirement 
of  an  examination  by  the  Supreme  Court  was  re  established, 
and  for  the  very  good  reason  that  it  was  necessary  to  base 
the  admission  to  a  responsible  and  learned  profession  like 


7 


North  Carolina  Board  of  Health.  xxiii 

the  law  upon  educational  qualifications.  It  was  very  ap¬ 
parent  that  a  certain  result  would  follow  the  removal  of 
educational  restrictions,  viz  :  that  of  overcrowding  the  legal 
profession  with  uneducated,  and  half  educated,  and  some¬ 
times  unprincipled  men.  It  needs  no  argument  to  prove 
to  the  people,  that  the  present  practice  of  only  admitting 
lawyers  to  the  bar  after  an  examination,  is  a  necessrry  pro¬ 
vision,  not  only  for  the  maintenance  of  the  profession  of 
the  law  at  a  high  standard,  but  of  protection  to  the  people. 

There  is  another  which  we  will  cite,  that  of  the  Teaching 
Profession.  The  law  provides  for  the  examination  of  per¬ 
sons  intending  to  teach  our  public  schools.  This  is  as  it 
should  be.  Teachers  of  competent  qualifications  cannot  be 
judged  of  by  letters  of  recommendation.  There  must  be 
a  legally  constituted  authority  who  must  determine  who 
may,  and  who  shall  not  teach  our  children. 

The  professions  of  Pharmacy  and  Dentistry  have  also 
their  safeguards  designed  for  the  protection  of  the  interests 
of  the  people  and  for  the  advancement  of  these  indispensa- 
able  branches  of  art  and  science.  They  are  growing  yearly 
in  importance,  and  fulfilling  in  a  marked  degree  the  pre¬ 
dictions  of  their  founders. 

Look  in  whatever  direction  we  may,  we  find  that  the  spirit 
of  the  times  demands  more  of  the  professions.  The  rapid 
growth  of  learning  is  increasing  the  responsibilities  of 
those  engaged  in  them. 

Our  own  State  lias  solemnly  declared  by  the  law,  as  re¬ 
gards  the  medical  profession,  that  those  persons  who  engage 
in  practice  shall  prove  a  competent  knowledge  of  med¬ 
icine  in  all  its  branches  by  an  examination  before  a  Board 
of  Examiners,  thus  admitting  the  necessity  of  protection 
from  an  unlearned  and  unskilful  profession,  but  at  the 
same  time  failing  to  protect  those  candidates  who,  with 
commendable  State  pride  and  professional  honor,  seek  to 
obey  the  behests  of  the  law. 


XXIV 


Report  of  the  Secretary. 


We  say,  in  conclusion,  that  having  demonstrated  the 
earnestness  and  zeal  of  the  medical  profession  by  the  ex¬ 
hibition  of  accomplished  work,  done  in  the  interests  of 
the  entire  population,  we  ask  for  a  studious  consideration  of 
our  needs.  We  have  already  done  far  more  for  the  State 
than  the  State  has  done  for  herself  in  shaping  the  character 
of  the  medical  profession,  and  we  trust  that  she  will 
strengthen  us  by  revising  the  law  under  which  we  work. 


